DSS has founded a claim on me of "aggravated circumstances" or "failure to protect".. His father has been charged criminally but not me because I was at work at the time of the incident. Physically I didn't harm him. DSS wont allow mw visitation with my son. My rights have not been terminated. Can they keep me from him? What do I have parental rights for if I can't even visit my child supervised? I'm not charged with anything and i didn't physically harm him so why cant I at least have supervised visitation? And can they terminate my parents rights? I have a lawyer she's terrible, she doesn't care and isn't fighting for me at all really. They did a home study on my mom sp she could get custody but since I come to her house to help with my kids, they don't want my son to be released to her.
If you have a lawyer who knows all your facts and details, it would be inappropriate for lawyers who know none of your details to play arm-chair quarterback. Best option--discuss your thoughts about your case with your lawyer, if unsatisfied with the answers, consider hiring a new lawyer.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE ATTACHES, FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Your lawyer is you best advocate in this case. You should sit down with your lawyer and review the DSS plan - is there a return to home goal or a termination goal? Every DSS case is very different and yet they are all similar. They have very ugly facts but only those familiar with the facts of your particular case will be able to provide you the answers that you are looking for. Good luck.
DSS cases have many different "phases", and it is unclear from your question what "phase" you are in. You can always get a second opinion if need be, but no one in this forum can provide that to you.
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